48th edition of the ICT Law Newsletter

48th edition of the ICT Law Newsletter

48th edition of the ICT Law Newsletter

07.02.2014

In this edition, our TMT teams in the Benelux focus on recent EU developments covering topics such as (i) the ECJ’s preliminary ruling that a database rightholder may prohibit dedicated metasearch engines from using its database, and (ii) the ECJ’s clarification of causality requirements and regulation in Brussels.

We have also examined recent Belgian developments including (i) an insert in the Code on Economic Law, (ii) the confirmation by the Court of Cassation that ISP’s can be requested to block all domain names, (iii) and the Court of First Instance’s ruling that search engines may benefit from the safe harbours under the e-commerce Directive.

Our Dutch colleagues zoom in on (i) an interesting judgment on the duty of care of a contractor in light of a license issue, (ii) the General court of the EU’s decision on the obligation to state reasons when rejecting a tender, (iii) the violation of the Dutch Data Protection act when collecting personal data via smart TVs, and (iv) Google’s new privacy conditions.

Our team in Luxembourg covers the creation of the Luxembourg Independent Audiovisual Authority.

Related news

Speaking slot - Sarah De Wulf, junior TMT associate, discusses SAP licensing agreements during a Beltug seminar on 20 February 2019.
Many of the Beltug members are customers of SAP and face daily questions and challenges regarding SAP's software licensing policies. These questions include (among others): how the licence models will evolve (especially in terms of the growth of cloud services) and how to cope with indirect access.

Short Reads - As it stands, the UK will exit the European Union at midnight on 29 March 2019. Therefore, businesses within the UK, or with trade relations with the UK, would be best advised to assume that a no-deal Brexit is inevitable. The exchange of personal data within the EU is governed by the General Data Protection Regulation (GDPR). In a no-deal Brexit, the GDPR will cease to be applicable in the UK upon its EU exit.

Articles - The Belgian law of 25 November 2018 containing various provisions relating to the National Register and the population registers, published in the Belgian Official Gazette on 13 December 2018, has amended the law of 8 August 1983 regulating the National Register and the use of the national identity number

Speaking slot - The discussion topic will cover various legal aspects relating to data lifecycle management, both for personal and non personal data. These aspects will include rights in and obligations regarding data, such retention obligations and portability rights. Practical suggestions on holistic data management and the role of the chief data officer will be debated.

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